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State Courts -
New York - January 12, 2006
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People v. Salgado, 6017 Ind. 1451/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Because nothing in N.Y. Crim. Proc. Law § 470.15(1) limited appellate review of defendant's claim of a speedy trial violation to only those portions of the ruling that held certain periods of time chargeable to the People, the trial court properly granted defendant's N.Y. Crim. Proc. Law § 30.30 motion to dismiss the indictment.
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People v. Simms, 7566,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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People v. Soba, 7568,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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People v. Spady, 15505,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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People v. Swackhammer, 96898,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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People v. Thomas, 15397,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Vague claims that defendant was pressured by the "whole court system" into pleading guilty did not mandate allowing withdrawal where record indicated plea was knowing and voluntary. Since defendant could have received sentence longer than one year for prior felony, sentencing under N.Y. Penal Law § 70.06(6)(a) was proper.
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People v. Tucker, 7558 Ind. 5620/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: In defendant's robbery prosecution, testimony regarding a showup procedure was properly admitted. Even if the testimony had been inadmissible, harmless error existed based on overwhelming evidence of defendant's guilt, including his voluntary confession as well as physical evidence.
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People v. Tzitzikalakis, 6523 Ind. 7706/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Because a trial court improperly relieved the People of their burden of proving actual out-of-pocket loss and precluded defendant from introducing evidence of the fair market value of the goods and services, it violated N.Y. Penal Law § 60.27 and N.Y. Crim. Proc. Law § 400.30; therefore, defendant was entitled to a new restitution hearing.
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